Title 1: Crimes Against the Person
2.01.01 First Degree Murder
(A) With Deliberation
A person is guilty of First Degree Murder if they commit a homicide under either of the following circumstances:
A homicide constitutes First Degree Murder when committed by an individual who:
Acts with the specific intent to cause the death of another human being; AND
Engages in such action with premeditation, meaning the decision to kill was made beforehand, however brief the interval between the intent and the act; AND
Acts with deliberation, indicating a careful weighing of the act and its potential consequences; AND
Exhibits malice aforethought, signifying a wanton disregard for human life or an intent to commit a serious felony.
(B) Without Deliberation
A homicide constitutes First Degree Murder, regardless of intent or malice aforethought concerning the death, when it occurs during the commission or attempted commission of, or flight from, any one or more of the following inherently dangerous felonies:
Arson: The malicious burning of property.
Robbery: The taking of property from another by force or threat of force.
Burglary: The unlawful entry into a structure with intent to commit a crime.
Kidnapping: The unlawful taking and carrying away of a person against their will.
Torture: The infliction of severe physical or psychological pain.
Sexual Assault: Any non-consensual sexual act.
Rape: Non-consensual sexual penetration.
Anyone in violation is guilty under this section of the statutes. This crime can be prosecuted as a CLASS A FELONY.
2.01.02 Second Degree Murder
a person is guilty of Second Degree murder when they
Kill another human with malice aforethought but without premeditation; or
Kill another but did so while in a quarrel or in a heat of passion
Anyone in Violation is Guilty in this section of the statutes. This crime can be prosecuted as a CLASS A FELONY.
2.01.03 Manslaughter
a person is guilty of Manslaughter when they
Commit a crime or act with gross negligence and those actions caused by another person's death
Anyone in violation is guilty under this section of the statutes. This crime can be prosecuted as a CLASS A FELONY.
2.01.04 Attempted Murder
a person is guilty of Attempted Homicide when they
Intend to kill another human and took a direct step backwards doing so
This is regardless if the crime was premeditated
Anyone in violation is guilty in this section of the statutes. this crime can be prosecuted as a CLASS B FELONY
2.01.05 Criminal Threats
a person is guilty of Criminal Threats when they
Communicate to another that they will physically harm a person and put said person in a reasonable state of fear for their own safety; or
Communicate that they will physically harm or kill another person's immediate family members and put said person in a reasonable state of fear for their own safety of there immediate family; or
Threaten to Kill or harm law enforcement or a government employee
Anyone in violation is guilty under this section of the statutes.
LEGISLATIVE NOTES: a violation of 2.01.05 is a SUB-SECTION. Therefore, depending on the severity of the crime it can be a CLASS A MISDEMEANOR or a CLASS C FELONY.
2.01.06 Harassment Via electronics device
a person is guilty of Harassment via electronics device when they
Use an Electronic Communication Device to make threats towards another person; or
Repeatedly use an electronics communication device to harass another person this includes Obscene language with the internet to offend another person
Anyone in violation is guilty under this section of the statutes . this crime can be prosecuted as a CLASS C MISDEMEANOR.
2.01.07 Indirect Electronic Harassment
a person is guilty of Indirect Electronic Harassment when they
Willfully completed an act that was likely to result in the use of force against someone else
Anyone in violation is guilty under this section of the statutes. this crime can be prosecuted as a CLASS C MISDEMEANOR.
2.01.08 Assault
a person is guilty of Assault when they
Willfully completed an act that was likely to result in the use of force against someone else
Anyone in violation is guilty under this section of the statutes. This crime can be prosecuted as a CLASS B MISDEMEANOR But if the Assaulter harmed a government employee then this would be considered a CLASS A MISDEMEANOR.
2.01.09 Battery
a person is guilty of Battery when they
Use intentional and unlawful force or violence to cause physical harm to another person
Anyone in violation is guilty under this section of the statutes. This crime can be prosecuted as a CLASS B MISDEMEANOR but if the person does any severe bodily injury to another person then this is considered a CLASS A FELONY.
2.01.10 Assault with a Deadly Weapon
a person is guilty of Assault with a Deadly Weapon when they
Commit 2.01.08 Assault and utilizes a weapon that can cause great bodily injury or death
This includes but is not limited to a bat, glass bottle, rock, brick, etc.
Anyone in violation is guilty under this section of the statutes. This crime can be prosecuted as a CLASS A FELONY.
LEGISLATIVE NOTES: A violation of 2.01.10 is a SUB-SECTION. Therefore, depending on the severity of the crime it can either be a CLASS A FELONY or CLASS A MISDEMEANOR.
2.01.11 Stalking
a person is guilty of stalking when they
Commit 1.05 Criminal Threats; and
Intentionally or maliciously follows or harasses another person
LEGISLATIVE NOTES: Anyone in violation is guilty under this section of the statutes. This crime can be prosecuted as a Infraction. A violation of 2.01.11 is a SUB-SECTION. Therefore, depending on the severity of the crime, it can be a CLASS A MISDEMEANOR OR CLASS B FELONY, punishable by no more than 4 months in prison for each count and a $5200 fine for each count.
2.01.12 False Imprisonment
a person is guilty of False Imprisonment when they
Intentionally and unlawfully restrained, detained, or confined another person; and
Make the person stay or go somewhere against that person's will.
Anyone in violation is guilty under this section of the statutes. This crime can be prosecuted as a CLASS A FELONY.
LEGISLATIVE NOTES: A violation of 2.01.12 is a SUB-SECTION. Therefore, depending on the severity of the crime it can be a CLASS B FELONY or a CLASS C FELONY.
JUDICIAL NOTES: Depending on the severity and method, the defendant may be charged with 2.01.13 Kidnapping instead of False Imprisonment.
2.01.13 Kidnapping
a person is guilty of kidnapping when they
Move another person without that person's consent by using force or fear
Method - When the victim is transported by vehicle
Concealment - When moving the victim decreases the likelihood of being caught
Risk of Harm - When moving the victim for the purpose of facilitating another crime or when you increase the perceived risk.
Anyone in violation is guilty under this section of the statutes. This crime can be prosecuted as a CLASS A FELONY.
JUDICIAL NOTES: In determining whether to charge the defendant with False Imprisonment or Kidnapping, the court may consider factors such as the method used, any acts of concealment, and the potential risk of harm.
2.01.14 Torture
a person is guilty of torture when they
Intentionally cause extreme physical or psychological pain or suffering to someone for the purpose of revenge, extortion, persuasion or for any sadistic purposes
Anyone in violation is guilty under this section of the statutes. This crime can be prosecuted as a CLASS A FELONY.
2.01.15 Human Trafficking
a person is guilty of Human Trafficking when they
Intentionally smuggle non-citizens into the state without the proper visas and authorization; or
Intentionally restrict another person's liberty with the intent of forced labor, or forced activities
Anyone in violation is guilty under this section of the statutes. this crime can be prosecuted as a CLASS B FELONY.
2.01.16 Wiretapping and CCTV policy
The State of San Andreas shall have a one-party notification policy for wiretapping without appropriate surveillance warrants and authorizations.
Government Employees may be recorded by civilians at all times when conducting their duties in an official capacity or when on-duty.
CCTV is considered reasonably accessible to the courts when sourced from inside and around all public facilities, from police dashcams, or when subpoenaed by a private business that claims to have CCTV cameras installed. Public CCTVs cannot be tampered, modified, stolen, or destroyed.
So long as both parties (either person on the phone, in a facility, or other location where a conversation or event is being recorded) is aware of the situation it is considered a legal recording. Property owners always have full surveillance rights to their property and facilities, parking lots, etc. they maintain.
Surveillance cameras in a hotel, motel, apartment, trailer home, rental home, bathrooms or any other type of dwelling where privacy is to be expected may only record audio as long as the guest(s) agree to be recorded. The guest(s) must be notified of the surveillance technology.
Anyone in violation is guilty under 2.01.11 Stalking (Additional fines may be added if more cameras / violations under this section are discovered)
2.01.17 Armed Robbery
a person is guilty of this crime when they
Are in possession of a weapon (baseball bat, firearm, knife)
Commit robbery
Ask for money in a menacing manner
Anyone in violation is guilty under this section of the statutes, this crime can be prosecuted as a CLASS A FELONY.
2.01.18 Criminally Negligent Homicide
a person is guilty of the crime of criminally negligent homicide when, with criminal negligence, the person causes the death of another person.
Criminally negligent homicide is a Class B Felony.
2.01.19 Sexual Assault on a Minor
Sexual assault on a child is defined as sexual contact with a child under the age of fifteen and at least four years younger than you are.
It touches the child’s breast(s), buttocks, or genital area for sexual arousal, gratification, or abuse.
The sexual contact can consist of either:
you are touching the child, or
you are causing the child to touch you.
It is not necessary that you're or the child’s intimate parts be naked. Touching a child through his or her clothing is enough, if the purpose of the touching is sexual arousal, gratification, or abuse.
Specifically, section 18-3-405 (1) of the San Andreas Revised Statutes (“S.A.R.S.”) provides:
“Any actor who knowingly subjects another not his or her spouse to any sexual contact is guilty of sexual assault on a child if the victim is less than fifteen years of age and the actor is at least four years older than the victim.”
“Sexual contact” means the knowing touching of the victim’s intimate parts by the actor, or of the actor’s intimate parts by the victim, or the knowing touching of the clothing covering the immediate area of the victim’s or actor’s intimate parts if that sexual contact is for the purposes of sexual arousal, gratification, or abuse
“Intimate parts” means the external genitalia or the perineum or the anus or the buttocks or the pubes or the breast of any person.
JUDICIAL NOTES: Depending on the severity of the offense by the perpetrator, this can be charged either as a Class A Felony or a Class B Felony.
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